State v. Ross

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

MEYERS, Judge.

A jury found appellee guilty of involuntary manslaughter and assessed a sentence of sixteen years confinement. The State appealed, contending the sentence was illegal because the trial court did not enter a deadly weapon finding in the judgment. The Fifth Court of Appeals requested that both parties submit briefs so that it could determine whether its jurisdiction was invoked under Tex.Code CRiM. PROC. Ann. art. 44.01(b), which allows the State an appeal “on the ground that the sentence is illegal.” The State argued that the…